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of a jihadist mentality. the 19-year-old, the one who is still alive, dzhokhar tsarnaev, seems to have been less, i think ideologic ideological, if you will. based on the evidence that we have. and i wonder, frank, there's this idea of mercy in american society. and the "boston herald" in today's paper writes we know he's 19 years old, we don't think he has a criminal record. there are a lot of people out there who seem to have warm, positive things to say about him. to predict he'll get a life sentence is not unreasonable. there are democrats who have said, republicans and democrats who have called for capital punishment in this case. there's a question of whether giving him a lesser sentence, if he does cooperate with authorities, given who he is and how young he is. >> the lesser sentence being life. >> life isn't much of a lesser sentence. it's a pretty satisfying punishment. you know, there's nothing that we can ever do that will, that will make us feel any better about what happened. death penalty versus life -- those are very serious, very, very serious punishments. and you know, there's
who has been all over this story. j dzhokhar tsarnaev will be charged in a civilian court given the debate we have been talking about this this morning. that will be happening to him? >> no question. a policy decision the obama administration has made. he was a american citizen and naturalized last september and now a federal law, the national defense authorization act of 2012 that says american citizens cannot be tried in military commission. so it's not -- this debate is not a question about where he should be tried. the republicans who say he should be treated differently, their claim is that while they understand the civilian trial will go forward, they think he should be treated for now as an enemy combatant and questioned without any question about his rights, without any issue about whether information he gives would be used in his trial, and then turn back over to civilian authorities. but, clearly, the justice department will have none of that. that's not how it's going to go. >> he's in a boston hospital under heavy guard and serious condition including a gunshot wound
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